Local Rule L.R. 26-2: Filing of Discovery and Other Materials

N.D. Ind. L.R. 26-2 Filing of Discovery and Other Materials

(a) Generally.

(1) Discovery Ordinarily Not Filed. The party who serves a discovery request or notices a deposition is the custodian of the original discovery response or deposition transcript. Except as required under subdivision (a)(2), parties must not file:

(A) disclosures under Fed. R. Civ. P. 26(a)(1) or (2);

(B) deposition notices;

(C) deposition transcripts;

(D) interrogatories;

(E) requests for documents, to permit entry upon land, or for admission;

(F) answers to interrogatories;

(G) responses to requests for documents, to permit entry upon land, or for admission; or

(H) service-of-discovery notices.

(2) Exceptions.

(A) Pro Se Litigation. All discovery material in cases involving a pro se party must be filed.

(B) Specific Material. Discovery material must also be filed when:

(i) the court orders; or

(ii) the material is used in a proceeding.

(3) Motions to Publish Not Required. Motions to publish deposition transcripts are not required.

(b) Filing Materials with Motion for Relief. A party who files a motion for relief under Fed. R. Civ. P. 26(c) or 37 must file with the motion those parts of the discovery requests or responses that the motion pertains to.

(c) Materials Necessary for Motion. A party must file those portions of discovery requests or responses (including deposition transcripts) that the party relies on to support a motion that could result in a final order on an issue.

(d) Materials to be Used at Trial. A party who reasonably anticipates using discovery requests or responses—including deposition transcripts—at trial must file the relevant portions of the requests or responses with the clerk at the start of the trial.